Developers sue over denied application

By Sophie Vaughan

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12:59 pm EST, Friday, February 9, 2018

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The historic Italianate Victorian farmhouse at 26 Morningside Drive S. was built in 1853, and its longtime owners, noted artists Walter and Naiad Einsel, were given a Westport Historic District Commission Preservation Award. less

The historic Italianate Victorian farmhouse at 26 Morningside Drive S. was built in 1853, and its longtime owners, noted artists Walter and Naiad Einsel, were given a Westport Historic District Commission ... more

Photo: Contributed Photo

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Project managers and attorneys for the proposed new construction house on Mornignside Drive South in Westport constituted the marjoity of attendees at the special meeting of the Historic District Commission on Jan. 24. less

Project managers and attorneys for the proposed new construction house on Mornignside Drive South in Westport constituted the marjoity of attendees at the special meeting of the Historic District Commission on ... more

Photo: Sophie Vaughan/Hearst Connecticut Media

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Joe Cugno, architect for the proposed house at 20 Morningside Drive in Westport, spoke before the Historic District Commission on Jan. 9, 2018.

Joe Cugno, architect for the proposed house at 20 Morningside Drive in Westport, spoke before the Historic District Commission on Jan. 9, 2018.

Photo: Sophie Vaughan/Hearst Connecticut Media

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The Historic District Commission unanimously voted to deny a "certificate of appropriateness" for construction of a new house on Morningside Drive South at a special meeting on Jan. 24.

The Historic District Commission unanimously voted to deny a "certificate of appropriateness" for construction of a new house on Morningside Drive South at a special meeting on Jan. 24.

Photo: Sophie Vaughan/Hearst Connecticut Media

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Project managers and attorneys for the proposed new construction house on Mornignside Drive South in Westport constituted the marjoity of attendees at the special meeting of the Historic District Commission on Jan. 24. less

Project managers and attorneys for the proposed new construction house on Mornignside Drive South in Westport constituted the marjoity of attendees at the special meeting of the Historic District Commission on ... more

Photo: Sophie Vaughan/Hearst Connecticut Media

Developers sue over denied application

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WESTPORT — The town’s Historic District Commission voted to deny approval for construction of a new house on a historic property in Greens Farms, and now the developers have filed a lawsuit seeking to overturn the decision.

Greens Farms Developers LLC, which for the last several months sought Historic District Commission approval for construction of a new house at 20 Morningside Drive South, filed an appeal against the HDC’s decision in State Superior Court in Stamford on Jan. 31.

“In denying the application, the Historic District Commission acted illegally, arbitrarily and inconsistently with the historic district statutes,” the lawsuit states, adding “the plaintiff is aggrieved by the decision.”

The two lots, which comprise the 2.3- acre 20 and 26 Morningside Drive South. Local Historic District across from Greens Farms School, is made up of an Italianate-style farmhouse and artists studio juxtaposed on either side of a pastoral meadow.

Two artists, Naiad and Walter Einsel, lived in and produced their artwork for over 45 years on the property and, at Naiad’s urging, the property was designated a Local Historic District in 2007, which means any building changes on the property require HDC approval. Naiad died in 2016 (Walter passed away in the ’90s) and the property was sold to Greens Farms Developers.

The HDC denied the application, saying the proposed house is too large and eliminates the rural nature of the property, which “remains as a remnant of the historically agrarian character of the Greens Farms area of Westport,” according to the HDC’s decision.

Greens Farms Developers’ appeal challenged the decision, arguing 20 Morningside is “an approved building lot” and the “lot does not fall within the statutory definition of a rural environment.”

In addition, the appeal claims HDC predetermined its decision to deny approval of any of the developer’s 10 proposed house designs. “The HDC and/or its members by their comments on the record and in various press reports has made it clear that they intended to say no to any design to prevent the plaintiff from building any residence on the lot,” the appeal reads.

HDC Coordinator Carol Leahy said she’s unfamiliar with legal challenges to HDC decisions because the HDC was last sued in 2006, before Leahy assumed her role on the HDC in 2007.

“I think, hopefully, we’ve technically done everything correctly and the decision of the committee was based on the findings which were very carefully thought out and written,” Leahy said.

HDC Chairman Randy Henkels said the committee’s decision is on solid ground. “I think the decision was in our range of authority relative to local historic districts and a responsible decision to the owner who designated the property as a historic district,” Henkels said.